(a) The Oklahoma Child Support Services (OCSS) establishes support for a prior period.

• (1) When paternity is being established by court order or when paternity has been previously established by a signed Form 03PA209E, Acknowledgment of Paternity, OCSS establishes current support and support for a prior period at the same time per Sections 83 and 7700‑636 of Title 10, Sections 118 and 119 of Title 43, and Section 238.6B of Title 56 of the Oklahoma Statutes.  • 1
• (2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, OCSS establishes support for a prior period per Sections 118 and 119 of Title 43 and Section 238.1 of Title 56 of the Oklahoma Statutes.   • 1 
  • (A) OCSS establishes support for a prior period under this subsection only when:
    • (i) current child support is sought; and
    • (ii) Temporary Assistance for Needy Families (TANF) has been expended in any month during the past five years.
  • (B) OCSS may issue a Notice of Support Debt or file a district court action to establish support for a prior period.  OCSS limits this prior period to the number of months on TANF during the five years immediately before the date OCSS issues the Notice of Support Debt, or files the district court action.

(b) When a child support order is entered against a minor noncustodial parent, OCSS establishes support for a prior period under the criteria for establishing current child support per OAC 340:25-5-178.  OCSS establishes a monthly payment plan amount of at least $1 a month.

(c) OCSS does not establish an order for support for a prior period on an incarcerated noncustodial parent.  OCSS requests the court reserve the amount of child support for the time period prior to the entry of the court order through the time of incarceration to the date the current child support obligation begins per OAC 340:25-5-178.

(d) When OCSS establishes an order for support for a prior period for a child of a noncustodial parent or a custodial person who is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.  • 2

(e) When the noncustodial parent is a current TANF or Supplemental Security Income (SSI) recipient and:

• (1) OCSS has information that the noncustodial parent had no obligation based on the child support guidelines for the prior time period,  OCSS requests the court set the judgment at $0; or
• (2) OCSS determines that a debt may be owed for a prior period, OCSS requests the court reserve the issue of support for a prior period until the noncustodial parent is no longer receiving TANF or SSI.